NEERAJ GAUTAM Vs. S.P.BANSAL

JUDGEMENT

(1.) THE Delhi and District Cricket Association (DDCA) is a section 25 company as enunciated under the Companies Act, 1956 and has been incorporated under the same. The DDCA is a not for profit organisation that works for the promotion of the sport of cricket. As per the Articles of Association of the DDCA, the General Secretary is part of the Executive committee. As per clause 40 of the Articles of Association, the General Secretary can hold office till the conclusion of the Annual General Meeting held subsequent to the next succeeding Annual General Meeting. The eligible members are to elect the General Secretary at every alternate AGM. Furthermore, the General Secretary is also eligible for re -election, subject to the provisions of the Companies Act.

(2.) THIS contempt petition has been filed against Mr. S.P. Bansal, who is the General Secretary, Delhi and District Cricket Association (DDCA). It is being pressed by counsel for the petitioners under the following circumstances: -

(3.) IN this context, an application dated 03.09.2012, was also moved by the Company before the Registrar of Companies under Section 166 of that Act, seeking extension of one month, which was duly granted. Consequently, the AGM was then to be held on or before 30.10.2012. However, this was not done, and the AGM in question ultimately came to be held on 21.12.2012. Thereafter, the respondent is stated to have filed a compounding application before the Registrar of Companies for the late holding of the AGM. Admittedly, this compounding application was allowed by the Company Law Board by its order dated 07.01.2014, whereby the Board also imposed a fine of Rs. 85,000/ -, which has been duly paid.